U.S. Constitution and Federalism Study Guide

Practice flashcards covering the structure, articles, principles, powers, and federalism concepts of the U.S. Constitution.

What does Article I of the Constitution establish?

The Legislative Branch to make laws.

What does Article II of the Constitution establish?

An Executive Branch to carry out the laws that Congress passes.

What does Article III of the Constitution establish?

The Judicial Branch and the Supreme Court to head it.

What does Article IV of the Constitution describe?

The relationship between the states to the national government and to one another.

What does Article V of the Constitution explain?

How the Constitution can be amended or changed.

What does Article VI of the Constitution contain?

The Supremacy clause.

What issue does Article VII of the Constitution address?

The ratification of the Constitution.

What is an amendment?

A change to the Constitutions.

What are the six major principles of the Constitution?

1. Popular Sovereignty and Republicanism, 2. Limited Government, 3. Federalism, 4. Separation of Powers, 5. Checks and Balances, 6. Individual Rights.

What are the three separate, co-equal branches of government?

1. Legislative Branch, 2. Executive Branch, and 3. Judicial Branch

Because the Founders feared that the Legislative Branch might abuse its power, how did they address this concern in constructing the Constitution?

They gave Congress limited and expressed powers, or powers directly stated in the Constitution.

How does our text define enumerated powers?

A list of items, found in Article 1, Section 8 of the Constitution, that set forth the authoritative capacity of Congress.

Why is the final enumerated power often referred to as the elastic clause?

It lets Congress stretch its powers to meet situations that the Founders could not anticipate.

What did the Supreme Court rule in the case regarding a broad interpretation of the necessary and proper clause (elastic clause)?

This case held that Congress had the power to create a national bank, even though the Constitution did not explicitly state that power.

What powers does the Constitution give to the president?

Grant pardons, make treaties, and appoint ambassadors, Supreme Court justices, and other government officials.

What court is named (established) in Article III of the Constitution?

Federal Court system.

According to the Constitution, what part of government is empowered to establish all "inferior courts" below the court mentioned in Article III?

Judicial Branch

Why is Marbury v. Madison considered one of the most important Supreme Court rulings?

Concerned by the Judiciary Act of 1789. The Court decided that this law gave the Court more power than the Constitution allowed, so the law was unconstitutional.

What is an example of how the three branches share, check, and balance power?

Each branch can check, or control, the power of the other two. The president can veto bills passed by Congress, but Congress can override the veto and impeach the president or federal judges.

Which Article of the Constitution deals with the process of amending the Constitution?

Article V.

Broadly speaking, amending the Constitution is a two-step process: 1) Proposal and 2) Ratification. What portion of both houses of Congress must propose an amendment to successfully get the process started?

Two-thirds.

What portion of the states must ratify an amendment to add it to the Constitution?

Three-fourths.

What is the only Amendment ever added to the Constitution by a state ratifying convention (rather than by state legislatures)?

The 21st Amendment.

Over time, how many amendments have been proposed and how many have been ratified?

More than $11,000$ amendments have been proposed, but only $27$ have been ratified.

How does our text define repeal?

To revoke by legislative enactment.

What do we call the first ten amendments to our Constitution?

The Bill of Rights.

What is the incorporation doctrine?

The adding of the Bill of Rights protections into the states thorough court decisions.

How does our text define impeach?

To formally accuse.

What are the informal ways the Constitution has changed over time?

Practices and customs, and Judicial Review.

How does our text define federalism?

A system of government in which two or more governments exercise power over the same people and the same territory.

What are delegated powers?

Powers the Constitution grants or delegates to the national government.

What are expressed powers (aka, the enumerated powers)?

Powers directly stated in the Constitution.

What are implied powers?

Powers the government requires to carry out its expressed constitutional powers.

What are reserved powers?

Powers that belong strictly to the states.

What are concurrent powers?

Powers that both the national government and the states have.

What are two powers denied to the national government and/or the states?

Pass retroactive laws (that punish actions that occured before the law passed), and tax exports.

What is the supremacy clause?

Statement in Article VI of the Constitution establishing that the Constitution, laws passed by Congress, and treaties of the United States "shall be the supreme Law of the Land."

What are two expressed or implied powers of the national government listed in the text?

The Power to Coin Money (Expressed Power), and The Power to Create a Federal Minium Waged (Implied Power).

What are two of the reserved powers belonging to state governments?

The Power to Conduct Elections, and The Power to Establish and Maintain Public Schools.

What are two concurrent (shared) powers?

The Power to Levy and Collect Taxes, and The Power to Establish Courts.

What are five things states typically administer or regulate within their borders?

States typically regulate education, transportation, marriage, public safety, and local businesses.

How does our text define extradite?

To return a fugitive who flees across state lines back to the original state.

Have the courts ever been given a complete listing of all possible privileges and immunities under the Constitution?

No

What government entity must approve all interstate compacts before they can take effect?

The Constitution.

What is the only court where one state can sue another?

US Supreme Court.

How does the text define the term policy?

A plan that includes general goals and procedures.

What is meant by the term public policy?

The states course of action that government takes to address problems or issues.

How does having many different units of government in the United States affect policymaking?

States and localities are well positioned to develop and test new policies.

What is one new policy noted in the section that began at the state level?

Georgia, for example, was the first state to allow 18-year-olds to vote.

What has the Supreme Court interpreted commerce to mean?

Almost any activity connected with producing, buying, selling, and transporting goods across state lines.

How does federalism keep politics in the US from becoming a desperate all-or-nothing struggle and lessen the risk of one political party having a monopoly of political power?

They make it possible for different parties to be victorious in state, local, and federal elections.

How is the states rights position defined?

A position that favors state and local action in dealing with problems.

How is the nationalist position defined?

A position that favors national action in dealing with problems.

Which political parties tend to support the "states rights" position?

The Republican Party, and The Libertarian Party.

Which political parties tend to support the "nationalist" position?

The Federalist Party (Early American History), and The Whig Party (Antebellum Era).

How does federalism affect political participation?

Increases opportunities for participation (multiple acces points), encourages localized engagement, creates "Laboratories of Democracy," and can cause unequal influence and low turnout.